Commander, TAC Wing, BSF Academy
held proceedings under Rule 45 of the BSF Rules, 1969 and finding a
case for preparing Record of Evidence, drew ... BSF Rules, 1969 (Rule 45-B is
identically worded as Rule 45, the only difference between the two
being that Rule 45-B deals with
disqualified to deal with the case in terms of Rule 47 of the
BSF Rules.
The learned counsel would further submit that the
petitioner ... first proceeding was held
to be bad in law as Rule 45 of the BSF Rules had not been
complied with and, thus, the petitioner
empowered to do so under Rule 51 of BSF Rules 1969. The copy of the hearing under Rule 45 is annexed as Annexure ... empowered to do so under Rule 51 of BSF Rules 1969. The copy of hearing under Rule 45 is annexed as Annexure
BSF Rules in its letter and spirit and thus the subsequent proceedings,
including the SSFC proceedings, stand vitiated. Both, the Preliminary
Hearing under Rule 45 ... fully competent and authorized under the BSF Rules to hear the
petitioner under Rule 45 of the BSF Rules and to preside over the trial
prepare an offence report under the
provisions of Rule 43 of BSF Rules. Then, under Rule 45 of BSF Rules,
the statement of witnesses were ... with
offence report. The ADIG/COMDT after hearing him under Rule 45 of
BSF Act 1968, ordered to prepare Record of Evidence vide Order
compliance of Rules 43 and 45 of the Border Security Force
Rules, 1969. Besides non compliance of the Border Security Force Rules,
1969, the petitioner ... Rule 45 of the BSF Rules, 1969 provides that after hearing the
charge under sub rule (1) of Rule 45 of the BSF Rules
disciplinary action be taken against the petitioner.
4. As per Rule 45 of the BSF Rules, 1969 the Commandant was
required to conduct proceedings pertaining ... 2575/2003 Page 11 of 18
B Rule 45 of BSF Rules, 1969 was violated with impunity because
record would evidence that custody
Anil Gautam,
learned counsel for the petitioner argues that the BSF violated Rule 45
of the BSF Rules, 1969 in not affording opportunity ... Supreme Court considered the applicability of
Rule 45B which is similar to Rule 45 of the BSF Rules, 1969, and
stressed that the disciplinary authority
that on the basis of the record of the proceedings under
BSF Rule 45 reflects that the petitioner was heard by his Commandant ... unequivocally reflects that he pleaded guilty during the hearing under
the BSF Rules 45, as well as, while being tried by the SSFC
that without holding any preliminary inquiry under Rule 44
and 45 of the BSF Rules, the petitioner was put to trial by Summary
Security Force ... 45 of BSF Rule are also
denied and it is stated that due hearing as per the provisions
contained in Rule 45 BSF was done
